Austria: Supreme Court on Early Termination of an Apprenticeship

Oct 15, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered the legal consequences arising from the termination of an apprenticeship where the termination may have failed to comply with the prescribed formal requirements.

Claimant Seeks remedies for unjustified termination

The claimant had been employed by the owner of a beauty salon as an apprentice beautician and chiropodist. Although the apprenticeship was not due to expire until a later date, the defendant terminated it early under section 15(3)(a) and (e) of the Austrian Vocational Training Act (Berufsausbildungsgesetz, hereinafter BAG).

The apprenticeship was terminated following misconduct by the claimant and a colleague. Without permission, they had accessed their trainer’s mobile phone, linked it to the salon’s iPad and used the Find My function to track her location. They used the location data, among other things, to take unauthorised smoking breaks without interruption. They also viewed private photographs of the defendant and his wife and disclosed details of the images to other employees.

Options when termination of an apprenticeship is formally invalid

Under Section 15(2) of the BAG, termination of an apprenticeship is legally effective only if made in writing. As a rule, that requirement is satisfied only where the notice of termination has been signed by the party terminating the contract.

The OGH reaffirmed its established case law that, where a termination is formally invalid, an apprentice may likewise elect between two courses: The apprentice may insist that the apprenticeship continues or accept the termination and instead claim damages for unjustified termination.

By electing to claim damages, the claimant also cured any formal defect in the notice of termination. She could therefore no longer found her claim for damages on the failure to comply with the prescribed form.

Summary dismissal for loss of trust and confidence

The lower courts held that the ground for summary dismissal under Section 15(3)(a), third case, BAG was established because the claimant’s conduct had caused a loss of trust and confidence. The OGH upheld that conclusion.

Accordingly, the claim was ultimately dismissed.

OGH 8 ObA 29/26m (19 August 2026)